So, you’re planning to produce a video—or maybe you’ve already started. Whether it’s a promotional explainer, a short film, a social media ad, or a full-blown documentary, there’s something you can’t afford to overlook: the legal side. It may not be as exciting as the creative brainstorming or editing magic, but trust me, if you get it wrong, it can come back to bite you hard.
In this article, we’re going to walk through the legal ins and outs of video production. We’ll cover what rights you need, why releases matter, and which regulations could trip you up if you’re not careful. Whether you’re a freelancer, part of a production agency, or someone commissioning a video, this guide is going to help you avoid legal headaches and protect your project from the start.
Why Legal Matters in Video Production
Let’s start with the obvious: legal issues can derail your entire production. You could spend weeks filming, editing, and polishing a project—only to find out that you’ve used a piece of music without the right licence or included someone’s face without their permission. That can mean takedown notices, legal threats, and potentially hefty fines.
But the legal side isn’t just about covering your back. When done properly, having all the legal elements sorted out gives you peace of mind. You know where you stand, you’re protected if disputes arise, and your project is safe to publish, distribute, and monetise.
Understanding Copyright: What You Can and Can’t Use
Copyright is probably the first thing that comes to mind when people think about legal issues in video production—and rightly so. It’s all about who owns the content and who has the right to use it.
Footage and Imagery
Just because something is online doesn’t mean it’s free to use. You need to have the right to use any footage, images, or even background visuals in your video. That means either creating them yourself, commissioning them, buying them from stock libraries, or obtaining a proper licence.
Even drone footage needs special attention—especially if it features identifiable people, private property, or protected landmarks. We’ll cover more on that later.
Music and Sound Effects
Music is another minefield. If you’re tempted to use your favourite chart hit as background music, think again. You need to licence both the composition and the sound recording—two separate rights often owned by different people or companies. Royalty-free music libraries can be a good solution, but check the fine print. Some licences only cover non-commercial use, and some require attribution.
Logos, Trademarks, and Brands
If a brand logo pops up in your shot, or you feature a branded product in a prominent way, you may be breaching trademark law. Sometimes this is unavoidable, but if the brand is central to the scene or message, it’s better to get permission or blur it out.
What Are Releases and Why Are They Important?
Releases are more than just pieces of paper—they’re essential legal tools that give you the right to include certain elements in your video without facing repercussions down the line. Whether it’s a person’s face, their voice, their private property, or even a piece of artwork in the background, a release confirms that you’ve secured permission to use it. Without one, you’re essentially gambling with the risk of having to remove or reshoot parts of your video, or worse, face legal claims over privacy or intellectual property violations.
Think of releases as your production insurance when it comes to consent. They establish a clear understanding between you and the people or entities involved in your project. If a dispute arises later—say someone objects to their inclusion in your video—a signed release is your strongest protection. It demonstrates that you acted in good faith and legally secured their agreement. In short, releases help you keep control of your project, even long after the cameras have stopped rolling.
Talent Releases
Filming someone—even in a casual or spontaneous moment—can carry legal implications if they’re recognisable. Talent releases are used to avoid those issues by clearly stating that the individual appearing in the video has given you permission to use their likeness. This applies to professional actors and presenters, but also to volunteers, interviewees, event participants, or even people captured in the background if they’re clearly identifiable. It doesn’t matter how big or small the role is—if someone’s in your video, a release protects you from future disputes.
A well-drafted talent release will usually outline the specific rights you’re obtaining. This includes where the footage will appear—be it on YouTube, in a TV ad, or as part of a training programme—and how long you’re allowed to use it. It may also cover issues like whether the person is being paid, if they can revoke consent later, and what happens if you edit their appearance or words. The clearer the release, the more freedom you have to use the footage without looking over your shoulder.
Location Releases
Just because you’ve been allowed to film on someone’s property doesn’t mean you’re legally protected. A location release formalises that arrangement and gives you proof that the property owner or manager has given you the green light. It can cover everything from someone’s house to an office, warehouse, or private garden. Without a release, your right to use that footage can be questioned—even if the owner initially said yes verbally. People’s attitudes can change once they see how the footage is used, so it’s better to get it in writing upfront.
In some cases, you might assume a space is public, like a shopping centre or train station, when it’s actually privately owned. These places often have strict rules about filming, especially for commercial purposes. Councils and authorities in public areas may also require you to apply for permits in advance, which sometimes come with location-specific conditions. A proper location release—or official filming permit—not only keeps you legally safe but helps you avoid disruption or having your shoot shut down unexpectedly.
Minor Releases
When it comes to filming children, the legal stakes are much higher. You can’t rely on verbal permission or casual agreement; you must obtain written consent from a parent or legal guardian. This rule applies whether the child is a main subject or simply part of the background, and it’s especially critical if the video will be distributed publicly. Failing to get a signed release for a minor can lead to serious legal consequences, including forced removal of the footage or potential claims for breaching data protection and child safeguarding laws.
Minor releases are typically more detailed than standard talent releases. They often include clauses that outline how the footage will be used, how long it will be stored, and whether the child’s name or any identifying information will be included. Some even specify that the guardian has the right to request removal of the footage at a later date. Because children are considered vulnerable individuals under the law, it’s vital to approach their inclusion in your video with extra care, proper documentation, and a strong sense of ethical responsibility.
Contracts: Getting Everything in Writing
If you’re working with collaborators, clients, or freelancers, contracts are your safety net. They outline the scope of work, expectations, deadlines, payment terms, and—importantly—ownership rights.
Who Owns the Final Video?
Ownership can get messy if it’s not clear upfront. In many cases, the creator retains copyright unless it’s specifically assigned to the client. That means even if a client paid for the work, you might still technically own it unless the contract says otherwise.
On the flip side, if you’re the client commissioning a video, make sure your contract states you’ll own the final product, or at least have the right to use it freely.
What Happens If Things Go Wrong?
Contracts can also set expectations around delivery dates, quality standards, and what happens if one party pulls out or misses a deadline. Having these things in writing makes it much easier to resolve disputes professionally.
Don’t rely on verbal agreements. No matter how well you get along at the start, memories get fuzzy, and relationships can sour. A contract protects everyone involved.
Regulatory Compliance: Staying on the Right Side of the Law
Depending on your location and your video’s content, there may be additional rules you need to follow.
Data Protection and GDPR
If your video involves collecting, storing, or displaying personal data—like names, faces, or email addresses—you’ll need to comply with the General Data Protection Regulation (GDPR) in the UK and EU. That means being transparent about how you’re using that data, storing it securely, and respecting people’s rights to access or delete it.
If someone appears in your video and later changes their mind, they may have the legal right to request removal—especially if no release was signed. So, keep your documentation organised and secure.
ASA and Advertising Standards
If your video is promotional or advertorial, it must comply with the UK Advertising Standards Authority (ASA) guidelines. This means being honest, not misleading viewers, and clearly disclosing any paid promotions or endorsements.
Even influencer content falls under these rules—so if your brand or client is working with online creators, make sure everyone understands the rules about disclosures and advertising ethics.
Drone Laws and Aerial Filming
Using drones in video production is massively popular—but it’s also tightly regulated. In the UK, you need to follow the Civil Aviation Authority (CAA) rules. That includes registering your drone, getting operator IDs, and maintaining flight logs.
You must also respect privacy laws and avoid flying over private property or crowds without permission. Even if you’re just after a scenic aerial shot, double check the legal requirements.
Fair Use and Parody: The Grey Areas
You might have heard of “fair use” or “fair dealing”—legal exceptions that allow limited use of copyrighted content without permission. In the UK, these exceptions are narrow and specific, covering things like criticism, parody, and news reporting.
But be careful. Fair dealing doesn’t mean you can just grab a few seconds of someone else’s footage and call it a parody. It must transform the original work significantly, not just copy it with a humorous voiceover. And even then, the copyright holder might still challenge it.
So unless you’re very confident in your legal ground (or have a media lawyer on hand), it’s better to avoid relying on fair use.
Insurance: Because Things Can Go Wrong
Legal protection isn’t just about documents and contracts. Sometimes, things go wrong in ways you can’t predict—accidents on set, damage to equipment, or unexpected lawsuits. That’s where insurance comes in.
Public Liability Insurance
This covers you if someone is injured or property is damaged during your shoot. Many locations won’t let you film without it, and it’s generally a smart idea if you’re working in public spaces.
Equipment Insurance
Whether you own your gear or rent it, insurance can protect against theft, damage, or breakdowns. Production schedules are tight—one broken lens or stolen camera can cause massive delays and costs.
Errors and Omissions (E&O) Insurance
This is the big one when it comes to legal protection. E&O insurance covers you against lawsuits related to intellectual property, defamation, and privacy issues in your finished video. It’s often required by broadcasters or distributors before they’ll even look at your content.
Keeping Good Records: Your Legal Toolkit
Think of your legal documents like a toolkit—talent releases, location permits, music licences, contracts, and insurance policies. Keep them all in one place and easily accessible. You never know when you’ll need to prove you’ve done things by the book.
It’s also good practice to label your footage and assets clearly. Note where each clip came from, whether it’s licensed, and who signed off on it. This will save you massive headaches later, especially if someone questions your right to use a particular shot or soundbite.
Common Legal Mistakes to Avoid
Let’s round things off with a few traps that video producers—especially those new to the game—often fall into:
- Using unlicensed music or footage – Always double-check your sources and licence terms.
- Skipping talent or location releases – It’s not worth the risk, even for minor roles or informal shoots.
- Not defining ownership in contracts – Make sure everyone knows who owns what.
- Assuming public places are fair game – Some “public” areas are privately owned and have filming restrictions.
- Ignoring regulations for drones, GDPR, or advertising – Just because others get away with it doesn’t mean you will.
Final Thoughts
The legal side of video production isn’t just about ticking boxes or playing it safe—it’s about respecting people’s rights, protecting your creative work, and giving yourself the freedom to share your content without fear. Whether you’re shooting a TikTok or producing a corporate documentary, these legal principles apply across the board.
You don’t need to be a lawyer to understand the basics—but you do need to take them seriously. The time and effort you put into sorting out rights, releases, and regulations will pay off tenfold when your project is ready to shine.
Got a legal question about your next video project? Don’t wing it—do your research, speak to an expert if needed, and build a production process that keeps you protected from day one. And if you have any questions or simply want to take your video production to new heights, then get in touch with us here at Spiel—we’re always happy to help.
